4453Development Direc<strong>to</strong>r. Mr. Zakrevsky said his office already performs <strong>the</strong>functions and is responsible <strong>to</strong> HUD for such functions.RESOLUTION # 26 - 1989. ADOPTING DRUG - FREE WORKPLACE CERTIFICATIONPROVISIONSAld. Guinn introduced <strong>the</strong> following and movedits adoption:1WHEREAS, Congress has adopted as part of omnibus' drug legislation, <strong>the</strong>Drug -Free Workplace Act of 1988, requiring grantees ofcertify that <strong>the</strong>y <strong>will</strong> provide drug -free workplaces; andfederal agencies <strong>to</strong>from aWHEREAS, such certification is a precondition for receiving a grantfederal agency; andWHEREAS, <strong>the</strong> City of Norwich has a grant pending <strong>be</strong>fore <strong>the</strong> federalDepartment of Housing and Urban Development for a Small Cities CommunityDevelopment Block Grant; andWHEREAS, H. U. D. has notified <strong>the</strong> City that it must provide such certifi-cation immediately in order <strong>to</strong> <strong>be</strong> considered for Small Cities funding review;now, <strong>the</strong>refore <strong>be</strong> itRESOLVED, that <strong>the</strong> Mayor <strong>be</strong> and hereby is authorized and directed <strong>to</strong>sign such certification as may <strong>be</strong> required by <strong>the</strong> federal government as itrelates <strong>to</strong> a drug -free workplace and <strong>to</strong> take such actions as may <strong>be</strong> necessary<strong>to</strong> implement <strong>the</strong> provisions of such certification.Seconded by Ald. Horovitz and duly adopted, ayes all.1Prior <strong>to</strong> <strong>the</strong> vote, Mayor Jones noted that a bill was passed by Congresson Novem<strong>be</strong>r 18, 1988, requiring certification that municipalities <strong>will</strong> providea drug -free workplace. He noted if <strong>the</strong> certification is not filedimmediately, HUD <strong>will</strong> not consider <strong>the</strong> Small Cities grant application submittedlast week. He said notice of <strong>the</strong> needed certification had <strong>be</strong>en receivedthat day.Ald. Carpenter moved <strong>to</strong> receive Local Law No.1 of 1989, and set apublic hearing for May 9, 1989 at 7: 00 p. m. Seconded by Ald. Guinn andduly adopted, ayes all.LOCAL LAW NO. 1OF 1989A LOCAL LAW TO MERGE THE BOARD OF WATER COMMISSIONERS ANDTHE WASTE WATER TREATMENT COMMISSIONBE IT ENACTED by <strong>the</strong> Common Council of <strong>the</strong> City of Norwich,as follows:NewYork,Section 1. Title VI of <strong>the</strong> Charter of <strong>the</strong> City of Norwich <strong>be</strong> andhereby is amended asfollows:Title VIBoard of Water CommissionersSection 130.Appointments.There shall <strong>be</strong> a Board of Water Commissioners <strong>to</strong> consist of<strong>the</strong> nine mem<strong>be</strong>rs of <strong>the</strong> Board of Water Commissioners and <strong>the</strong>Waste Water Treatment Commission in office on May 1,1989, whoshall <strong>be</strong> continued for <strong>the</strong> duration of <strong>the</strong>ir terms, two of whichshall expire on Decem<strong>be</strong>r 31 in <strong>the</strong> years 1989,1990, 1991, and1993, and one of which shall expire on Decem<strong>be</strong>r 31,1992. Thereaf-ter, each mem<strong>be</strong>r shall <strong>be</strong> appointed by <strong>the</strong> Mayor, with approval of
4545five mem<strong>be</strong>rs; <strong>the</strong><strong>the</strong> Common Council, for a term of five years {appointments <strong>to</strong> said Board are <strong>to</strong> <strong>be</strong> made by <strong>the</strong> Mayor with approv-al of Common Council; <strong>the</strong> five ( 5) mem<strong>be</strong>rs first appointed shallserve for terms of one, two, three, four and five years respectively,and <strong>the</strong>ir successors shall <strong>be</strong> appointed for terms of fiveyears. Nothing herein contained shall affect <strong>the</strong> terms of <strong>the</strong>mem<strong>be</strong>rs of <strong>the</strong> present and existing Board }.Section 131.Vacancies and removal.In case of a vacancy from any cause whatsoever,Allshall fill <strong>the</strong> vacancy by appointment for <strong>the</strong> unexpired term.Commissioners shall continue <strong>to</strong> serve until <strong>the</strong>ir successors areappointed and have qualified.<strong>the</strong>MayorNo mem<strong>be</strong>r of such Board shall <strong>be</strong> removed except for incompetencyor misconduct shown at a public hearing <strong>be</strong>fore <strong>the</strong> Mayor of<strong>the</strong> city {,} and Common Council, upon due notice and upon statedcharges.Mem<strong>be</strong>rs of <strong>the</strong> Board shall serve without compensation,shall <strong>be</strong> entitled <strong>to</strong> reimbursement, payable from <strong>the</strong> operation andmaintenance account, for <strong>the</strong>ir actual and necessary expenses incurredin <strong>the</strong> performance of <strong>the</strong>ir official duties.butSection 132.Duties of Board.It shall <strong>be</strong> <strong>the</strong> duty of <strong>the</strong> Board <strong>to</strong> proceed as efficientlyas possible in <strong>the</strong> management, operation,maintenance and repairof and in <strong>the</strong> construction of improvements and <strong>be</strong>tterments of andSuch waterextensions <strong>to</strong> <strong>the</strong> water system of <strong>the</strong> City of Norwich.system shall include { included <strong>the</strong>} water supply, treatmentand distribution { system }, sanitary sewers, and wastewater treatmentfacilities and operations, as <strong>the</strong> same may <strong>be</strong> hereafterimproved, <strong>be</strong>ttered and extended. The Board shall perform <strong>the</strong>duties assumed by <strong>the</strong> City of Norwich in <strong>the</strong> bond resolution authorizing<strong>the</strong> financing of <strong>the</strong> acquisition of <strong>the</strong> water systemrelative <strong>to</strong> <strong>the</strong> establishment and maintenance of <strong>the</strong> several fundsand accounts, and shall have control,care and management of <strong>the</strong>water and sewer { system revenue} funds, <strong>the</strong> public lands,dams, reservoirs, filter plants, rights -of -way,watercourses,drainage areas contribu<strong>to</strong>ry <strong>the</strong>re<strong>to</strong> and all things and mattersappurtenant <strong>to</strong> <strong>the</strong> { water} system. In addition <strong>to</strong> <strong>the</strong> powers andduties which are hereby set forth, <strong>the</strong> Board shall have such o<strong>the</strong>rand fur<strong>the</strong>r powers as may <strong>be</strong> requisite <strong>to</strong> <strong>the</strong> efficient performanceof <strong>the</strong> duties imposed hereunder. The Board shall have powerand<strong>to</strong> appoint from its mem<strong>be</strong>rs a Chairman and a Vice - Chairman,a Secretary {,} who may or may not <strong>be</strong> a mem<strong>be</strong>r of <strong>the</strong> Board, and <strong>to</strong>appoint such administra<strong>to</strong>rs, engineers and o<strong>the</strong>r assistants andemployees, whose reasonable compensation shall <strong>be</strong> determined andfixed by <strong>the</strong> Board subject <strong>to</strong> approval by <strong>the</strong> Common Council.1CityThe Board may adopt a common seal, <strong>be</strong>aring <strong>the</strong> legend "of Norwich, Board of Water Commissioners and use <strong>the</strong> same forau<strong>the</strong>ntication of its officialacts.All contracts and o<strong>the</strong>rpapers <strong>to</strong> <strong>be</strong> executed pursuant <strong>to</strong> resolution adopted by <strong>the</strong> Board,involving <strong>the</strong> expenditures of twenty -five hundred dollars or lessmay <strong>be</strong> executed in <strong>the</strong> name of <strong>the</strong> City of Norwich Board of WaterCommissioners, and under <strong>the</strong> seal of <strong>the</strong> Board and attested by <strong>the</strong>signature of its Chairman and Secretary. Notwithstanding <strong>the</strong>law, <strong>the</strong> Board, inprovisions of any general, special or localcases of emergency, may expend or contract <strong>to</strong> expend <strong>the</strong> moneysAll contracts shall <strong>be</strong>necessary for such emergency purposes.payable primarily out of <strong>the</strong> revenues of <strong>the</strong> { water} system, whichsystem shall at all times <strong>be</strong> and always remain self - supporting asprovided by <strong>the</strong> General Municipal Law in relation <strong>to</strong> <strong>the</strong> fixingand collection of rates, fees, <strong>to</strong>lls and service charges and pay-ment of bonds and interest.